Espada Jr. was sworn in to the post during a floor coup Monday, but the move will be litigated tomorrow by lawyers representing Democratic Leader Malcolm Smith. He said that during a 15-minute telephone call, he was "duly recognized" by Paterson.

"The governor told me that the reforms we passed on Monday are the kinds of reforms that have long been espoused — reforms that will benefit the way we govern in Albany, and reforms that will deliver jobs, affordable housing, health care, education and services to the State's nearly 20 million residents," Espada Jr. said in a press release.

"These were courtesy calls to make sure the legislature knew to get to the people's business," Kauffman said. I asked whether Paterson was lobbying in any way to resolve the issue. This morning, he told WOR's John Gambling the senate has reached "a sinister condition."